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18 July 2025
Issue: 8125 / Categories: Legal News , Expert Witness , Legal aid focus , Local authority
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NLJ this week: Who pays when expert fees exceed legal aid caps?

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Writing in NLJ this week, Dr Chris Pamplin, editor of the UK Register of Expert Witnesses, examines the thorny issue of expert witness fees in legally aided cases. The Legal Aid Agency (LAA) enforces strict caps, only exceeded in ‘exceptional circumstances’. This often leaves local authorities footing the bill when experts charge more than the cap

In JG v Legal Services Commission, the Court of Appeal ruled that the LAA’s refusal to fund a court-ordered report was unlawful. More recently, in Re K, Sir Andrew McFarlane clarified that local authorities should not routinely cover shortfalls.

Updated LAA guidance now includes a checklist for seeking prior authority and discourages courts from shifting costs unfairly.

The message is clear: parties must exhaust all options before expecting others to pay. The new framework aims to restore fairness and transparency in expert funding decisions.

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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